Morgantown, WV Divorce Lawyers

The end of a marriage is never easy, but your divorce doesn’t have to be long, drawn out, and painful. With the help of an experienced Morgantown divorce attorney, you can figure out what matters most to you, develop a plan, and begin preparing for your future. The team at Pence Law Firm offers support, guidance during this challenging time, and legal representation. Set yourself up for success by learning more about your options and choosing an attorney who can help you advocate for yourself throughout this process.

Wherever you are in the divorce process, the team at Pence Law Firm is here and ready to help. Set up a consultation now by calling us at 304-407-7852.

West Virginia Divorce Laws

Each state sets its own divorce laws, and you must know what West Virginia law says about your split before you move forward. West Virginia is one of just a few states with both fault and no-fault divorce. No-fault divorce is available in every state, and it grants either party the right to end a marriage without having to give a reason for it. In these divorces, one or both parties choose to end the marriage because of irreconcilable differences.

Fault divorce must fit into one of several categories in West Virginia. Grounds for divorce include adultery, cruelty and violence, alcoholism or drug addiction, insanity, abandonment, child abuse, and conviction of a crime. If you choose to go this route, know that you will also have to prove that your grounds for divorce are legitimate. That’s why fault divorce cases generally take longer than no-fault divorces.

It’s also important to look at residency requirements. If you were married in West Virginia, there is no amount of time that you must have lived in West Virginia prior to divorcing. If the marriage occurred outside the state, either party must have been a resident of the state for at least a year.

Like many other states, West Virginia is an equitable distribution state. Marital assets are those that were accrued or earned during the marriage, and they are subject to division in a way that is fair to both parties. Separate assets include inheritances and items owned by one party prior to the marriage. Generally, these assets remain with the person who brought them into the marriage.

Important Decisions During the Divorce Process

As you move through the divorce process, you’ll need to make a number of challenging decisions. We recommend thinking about each of these topics in detail before making any final decisions. Remember that what is put into your divorce decree is final, and you can rarely go back and make changes. Of course, changes to child custody and support are always possible, as the court must act in the best interests of the children. 

Some of the topics you can start thinking about include:

• Child custody: If you and your spouse have children together, this is perhaps the most important part of your split. The court always puts the best interest of the children first, so consider a schedule and time split that preserves the children’s relationship with both parents and allows them to maintain as normal a life as possible. While some change is bound to happen, any stability the children can have during divorce is essential. When thinking about parenting time, don’t forget atypical scheduling times. These include holidays, school breaks, birthdays, and random days off of school.

• Child support: Child support is usually easy to calculate in West Virginia, as it follows a set calculation. While the state does offer a child support formula, you don’t have to go by this. It’s common for the spouses to come to an agreement on child support before their divorce makes it to court. In any case, a child deserves the financial support of both parents.

• Division of assets and debts: The debts and assets you have built up during your marriage should be divided in a fair and equitable manner. Consider factors like each party’s income, each party’s separate assets, how both spouses contributed to the assets and debts, and each party’s earning potential.

• Spousal support: Spousal support isn’t automatic in West Virginia; it is typically reserved for marriages that lasted a long time and involve a significant earning disparity.

• How you approach the divorce: There are many different approaches people take to their divorce. You can opt for a traditional adversarial approach, which may involve litigating issues or pushing as hard as you can for the things that matter to you. You may also opt for a cooperative approach, which involves working with your spouse for an amicable resolution. You can also look into options that fall between the two, such as mediation.

How the Team at Pence Law Firm Can Help

Throughout this process, you need someone who will put your best interests first. The decisions you make during this time will affect your quality of life and financial wellbeing for years to come, so avoid the urge to give your ex everything they want to avoid conflict. When you choose Pence Law Firm, we will always advocate for what’s best for you. Every step along the way, we will explain your options, help you understand potential outcomes, and give our professional recommendations. We understand how painful and stressful divorce is, and we seek to be an objective and supportive voice for you.

Our goal is to help you work through divorce as smoothly as possible and turn the page on this chapter. Whether you’re just starting to consider divorce or you’ve already started the process, we’re here to assist you in every way we can.

Discuss Your Legal Needs Now—Call Us for a Consultation

If you’re ready to move forward with your Morgantown divorce, don’t wait to call Pence Law Firm. During your consultation, we will learn more about your marriage, how you want to handle your divorce, and what your goals are. Set up your consultation by contacting us online or calling us at 304-407-8752.